Summary: We will not investigate this complaint about the Council’s response to Mrs X’s reports of harassment and antisocial behaviour. This is because it is reasonable for Mrs X to appeal the outcome of the Council’s case review.

The complaint

1. Mrs X complained the Council failed to act in response to reports of harassment and antisocial behaviour (ASB). She said the Council failed to safeguard her and her husband and applied planning enforcement unequally. She said the Council committed a data breach leading to further harassment. She said she felt unsafe, unprotected and distressed. She wants a full independent review.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In Mrs X’s complaint to the Council, she said it did not respond properly to reports of her neighbours anti-social behaviour and harassment. Mrs X asked it to clarify the Council’s and police’s responsibilities.
7. In its complaint response the Council explained that police involvement takes precedence over the Council’s ASB powers, and she could contact them to clarify their actions.
8. The Council clearly explained its actions taken in response to ASB reports and the support it offered in its communications with Mrs X.
9. The Council completed a case review and put in place an action plan.
10. We will not investigate this complaint. The Council has a process where Mrs X could appeal the outcome of the case review, and it would be reasonable for her to do so.
11. Mrs X said the Council committed a data breach which led to further harassment. If Mrs X thinks the Council applied data protection legislation incorrectly, that would be a matter for the ICO.
12. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

13. We will not investigate Mrs X’s complaint because it is reasonable for Mrs X to appeal the outcome of the Council’s case review.

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Investigator's decision on behalf of the Ombudsman